RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal is directed against the judgment and order of conviction passed by learned Special Judge, Beed dtd. 24/9/2018 in Special (POCSO) Case No. 28 of 2016 tried for the offences punishable under Ss. 363, 366-A, 376(2)(i)(j) of the Indian Penal Code [IPC] and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] thereby sentencing the appellant to suffer imprisonment as spelt out in the operative part of the order.

(2.) In nutshell, case of prosecution is that victim, a minor studying in 9th standard, went missing from the house on 31/5/2016. As in spite of search she was not found, mother PW3 lodged report Exhibit 73 on 1/6/2016. Minor was found on 3/6/2016 and on inquiry with her, she narrated that she got acquainted with one Juvenile and they came close to each other. Noticing her such conduct, mother started seeing suitable groom and therefore, on 31/5/2016 around 10.00 a.m., minor left the house. Present appellant developed contact with her and informed that her mother had lodged complaint and made her accompany him to the house of his grand mother at village Dhekanmoha. In the night he disrobed her and, according to her, had forcible sexual intercourse with her that night and even on the next day and finally dropped her near Barshi Naka.

(3.) Victim was spotted by police at the bus stand and was brought back after which her statement under Sec. 161 as well as Sec. 164 of Cr.P.C. was got recorded. Police machinery registered crime on the complaint lodged by mother with is at Exhibit 73. PW11 API Jadhav carried out investigation and on gathering sufficient evidence, accused appellant was chargesheeted and in view of the charge, was tried and held guilty by learned Special Court.